Do State Anti-SLAPP Laws Apply in Federal Court?
By Ashley J. Heilprin – November 7, 2019
The Fifth Circuit's approach to Texas's anti-SLAPP law provides a recent and important example of how the substance-procedure distinction can have practical consequences.
Judiciary Seeks to Expand Disclosure Requirements
By Christopher Binns – November 7, 2019
Litigants should prepare for important changes coming to Federal Rule of Civil Procedure 7.1.
Eye-Opening AI: Looking Beyond the Usual Suspects
By Tom Barnett – September 25, 2019
The next time you are considering potential evidence in a case, think broadly—don’t limit yourself to emails, texts, and documents.
Trademark Owners in the World of the GDPR
By Dan Feng Mei and Delphine Knight Brown – August 19, 2019
The GDPR has made it more difficult for trademark owners to enforce their trademark rights.
Navigating Liability Complaints Related to Automated Vehicles
By John L. Campbell – August 19, 2019
Addressing design complaints about vehicle automation requires a robust assessment of the underlying scientific evidence.
Requests for Admissions: Resurrect This Discovery Device
By Michael Schwarz – August 19, 2019
RFAs should not be relegated to a second-class discovery tool.
Will Computers Start to Play a Greater Role in Pretrial Practice?
By Dera J. Nevin – August 19, 2019
Many aspects of pretrial practice remain paper-based.
The Future of U.S. Pretrial Discovery Involving European Union Data after Salt River
By Craig D. Cannon, James J. Hefferan Jr., Katie King, and Virginia D. Ring – August 19, 2019
The Arizona District Court may have provided a blueprint.
Depositions: Seven Surprising Facts
By Tara Paulson –June 7, 2019
There are some things that seem obvious to a veteran lawyer that the novice lawyer does not necessarily appreciate.
Discovering Cryptoassets: A Journey into the Unknown
By Andrew Hinkes – May 24, 2019
Litigators need to understand how cryptoassets function to conduct successful discovery.
Top Tips for Top-Notch Motions in Limine
By Anna Manasco – May 24, 2019
Thanks to motions in limine, trials may be won or lost before they even begin.
A Road Map to Autonomous Vehicle Discovery
By Peter Moomjian – May 24, 2019
Cases are won and lost in the discovery phase—and autonomous vehicle litigation will be no different.
An Etiquette Primer for Working with Transgender Clients and Colleagues
By Ilona M. Turner – May 24, 2019
Transgender cultural competency at its core only requires following commonsense rules of etiquette.
Blockchain in State Law: 10 Key Developments in 2019
By Margaret Lyle – May 24, 2019
Many important developments in blockchain technology have already emerged this year.
E-Discovery Challenges and Information Governance Solutions
By Lucas Newcomer and Johnny Lee – February 14, 2019
Information governance is a proactive alternative to the challenges of data proliferation.
Transparency or Translucency: Guidance on TAR Protocols Is Not Crystal Clear
By Rose J. Hunter Jones and Priya Kolli Funderburk – February 14, 2019
There is no one-size-fits-all TAR protocol.
Sanctions: 2018 Case Law Update
By Samantha Green – February 14, 2019
Despite the intentions of the amended Rule 37(e), the 2018 decisions were still inconsistent.
No Stone Unturned: Targeting Unknown or Unique Data Sources During Discovery
By Thomas J. Gersey and Derek M. Duarte – February 14, 2019
It can be difficult to predict where a company's most relevant information lives.
Tweets: Who Has Possession, Custody, or Control?
By Sumera Khan – February 14, 2019
Examining the implications of Shenwick v. Twitter.